JOHNSON, Judge.
We granted the Professional Standards Commission's ("PSC") application for discretionary review of a superior court order reversing the revocation of Priscilla Adams' teaching certificate and remanding for imposition of a 90-day suspension. Because the superior court judge overstepped his authority in substituting its punishment for that imposed by the PSC, we must reverse.
The facts, as found by an administrative law judge ("ALJ"), show that on Friday, March 21, 2008, a 15-year-old Mundy's Mill High School female student and two Mundy's Mill High School male students had oral sex with each other. A video of those acts was recorded on a cell phone. On Monday, March 24, 2008, one of the boys brought the cell phone to school and showed the video to
No action was taken until Thursday, March 27, when Adams called the female student's parents to school for a meeting. During the meeting, Rice showed the parents the video. Adams did not ask any questions about the video, did not view the video herself, and told the female student's parents that she had not seen the video. Adams also told the female student's parents that other students were taunting their daughter. After the meeting, Rice returned the cell phone to the male student. Adams did not question Rice about who had custody of the cell phone or ask whether it had been confiscated.
The female student's parents called Adams later the same day to inquire whether the boys would be disciplined and to ask if the cell phone had been confiscated. Adams responded that she had not called the boys' parents and could only talk with her students about academics. Both the female student's parents and Adams contacted assistant superintendent Derek Manning about the incident.
Manning testified that he received conflicting information from the parents and Adams, so he conducted his own investigation. Manning directed Adams to look at the video, identify the students involved, and contact their parents, but Adams never did so. When Manning specifically asked Adams why she did not do anything about the video until three days after she learned about it, Adams replied, "I just didn't get around to it." Manning later learned that no one had confiscated the phone. He was "astonished" at Adams' behavior and thought her failure to confiscate the phone was "totally a lapse in judgment."
Adams admitted she had neither questioned nor guided Rice regarding the video. She further admitted she never saw the video and neither spoke with the two male students about the incident nor scheduled a meeting with their parents. She admitted that she did not contact the police, a school resource officer, or the Department of Family and Children Services about the situation. As a result of the video distribution and the taunting at school, the female student suffered nightmares, bedwetting, social regression, and ultimately was forced to change schools.
A detective who investigated the incident confiscated the cell phone. The video was played into evidence at Adams' administrative hearing. According to the detective, Adams was "absolutely pissed off" when he explained why he was at the school. Following the hearing, the ALJ determined, based on the evidence presented, that Adams had violated Standard 10 of the Code of Ethics for Educators, which then provided:
Evidence supporting this conclusion included Adams' failure to investigate the video, her failure to contact students and parents promptly, and the fact that she misled both parents and her supervisors regarding her action. The ALJ also noted that Adams' demeanor during the hearing was "troubling":
The ALJ specifically found that Adams displayed a "grave absence of leadership and judgment" that "impaired her ability to function professionally in her employment position"
Immediately following the incident, the PSC had recommended that Adams' teaching certificate be suspended for 90 days. However, after further investigation and review of the evidence presented at the administrative hearing, the PSC adopted the ALJ's findings and conclusions, but rejected the recommended sanction. Asserting that "the particular facts and circumstances as supported by the evidence in the record warrant a sanction greater than the [PSC's] original probable cause determination," the PSC decided to revoke Adams' educator's certificate.
Adams appealed the revocation to the superior court. Although the superior court did not disturb the PSC's determination that Adams had violated Standard 10, it reversed the revocation of Adams' teaching certificate and remanded the case for "implementation of the [PSC's] original determination of a ninety day suspension of [Adams'] educator's certificate." According to the superior court, the PSC had arbitrarily and capriciously revoked Adams' certificate because she had chosen to appeal the initially proposed sanction. The superior court further noted that the PSC had failed to provide evidence as to what conduct in this situation would have followed generally recognized professional standards.
The PSC sought discretionary review of the trial court's order, arguing that the trial court improperly substituted its judgment for that of the administrative agency. We agree.
When reviewing an administrative decision, the superior court must defer to the agency's judgment regarding the weight of the evidence and affirm the administrative findings if supported by any evidence.
Here, the superior court concluded that the evidence in the record supported the PSC's judgment that Adams violated Standard 10, but the superior court found that Adams' conduct was not sufficiently grievous to warrant the sanction imposed by the PSC. Ultimately, however, the PSC, as the state agency charged with authority to revoke, suspend, or deny a teaching certificate,
The PSC specifically adopted the ALJ's findings of fact and conclusions of law based
The superior court, recognizing its standard of review in administrative agency cases, based its decision to reverse the PSC's sanction on the ground that the sanction was arbitrary and capricious because the sanction was much more stringent than the 90 day sanction first proposed by the PSC. According to the superior court, this increase in the severity of the sanction improperly punished Adams for exercising her appellate rights. The record, however, does not support the superior court's determination or demonstrate any type of retaliation.
Although the superior court upheld the PSC's finding that Adams violated Standard 10, it nonetheless stated in its order that the PSC had failed to include evidence in the record to show what conduct would have followed "generally recognized professional standards" in this situation. However, contrary to the superior court's language, the record only has to contain evidence "from which an adverse consequence on the student body can be inferred by the PSC, given the grave nature of the conduct itself."
Judgment reversed.
MILLER, C.J., and PHIPPS, P.J., concur.